Florida District Courts of Appeal, 1983

Sunland Center at Miami v. Gilbert

Florida District Courts of Appeal · Decided November 2, 1983 · No. AR-293 · Booth, Smith, Wigginton

440 So. 2d 26; 1983 Fla. App. LEXIS 23556 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hillsborough Community College v. Miller (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ROBERT P. SMITH, Jr., Judge.

We find in Dr. Dennis’ testimony and reports substantial competent evidence that, due to her 1976 and 1978 industrial accidents, claimant is unable in the physician’s opinion to return to work. Claimant’s attempts at employment, which she abandoned due to pain associated with her industrial injuries, might properly have been regarded by the deputy not as evidence of her employability but as evidence of her inability to work, excusing a further work search. The consequent finding of a change in condition, the predicate of the modification order, is therefore sustained. However, we remand this cause for further proceedings so that the deputy may correct his incorrect findings regarding claimant’s compensation rate.

AFFIRMED but REMANDED.

BOOTH and WIGGINTON, JJ., concur.

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